THE MAINE RULES OF CIVIL PROCEDURE COMPLETE WITH ADVISORY NOTES

Last reviewed and edited September 1, 2015
Includes amendments effective September 1, 2015

Maine Rules of Civil Procedure Only (without advisory notes) (September 2015)

(Below are PDF links to the individual rules to eliminate the need for downloading the entire document)

Table of Contents

Chapter I. Scope of Rules--One Form of Action

Rule 1 - Scope of Rules

Rule 2 - One Form of Action

Chapter II. Commencement of Action: Service of Process, Pleadings, Motions, and Orders

Rule 3 - Commencement of Action

Rule 4 - Process

Rule 4A - Attachment

Rule 4B - Trustee Process

Rule 4C - Arrest [Abrogated]

Rule 5 - Service and Filing of Pleadings and Other Papers

Rule 6 - Time

Chapter III. Pleadings and Motions

Rule 7 - Pleadings Allowed:  Form of Motions

Rule 8 - General Rules of Pleading

Rule 9 - Pleading Special Matters

Rule 10 - Form of Pleadings

Rule 11 - Signing of Pleadings and Motions; Sanctions

Rule 12 - Defenses and Objections--When and How Presented by Pleading or Motion--Motion for Judgment on Pleadings

Rule 13 - Counterclaim and Cross-Claim

Rule 14 - Third-Party Practice

Rule 15 - Amended and Supplemental Pleadings

Rule 16 - Pretrial Procedure in the Superior Court

Rules 16A - Pretrial Procedure in the District Court

Rule 16B - Alternative Dispute Resolution

Rule 16C - Expedited Track

Chapter IV. Parties

Rule 17 - Parties Plaintiff and Defendant; Capacity

Rule 17A - Settlement of Claims of Infant Plaintiffs

Rule 18 - Joinder of Claims and Remedies

Rule 19 - Joinder of Persons Needed for Just Adjudication

Rule 20 - Permissive Joinder of Parties

Rule 21 - Misjoinder and Nonjoinder of Parties

Rule 22 - Interpleader

Rule 23 - Class Actions

Rule 23A - Derivative Actions by Shareholders

Rule 23B - Derivative Actions by Members of Unincorporated Associations

Rule 24 - Intervention

Rule 25 - Substitution of Parties

Chapter V. Depositions and Discovery

Rule 26 - General Provisions Governing Discovery

Rule 27 - Discovery Before Action or Pending Appeal

Rule 28 - Persons Before Whom Depositions May be Taken

Rule 29 - Stipulations Regarding Discovery Procedure

Rule 30 - Depositions Upon Oral Examination

Rule 31 - Depositions Upon Written Questions

Rule 32 - Use of Depositions in Court Proceedings

Rule 33 - Interrogatories to Parties

Rule 34 - Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes

Rule 35 - Physical and Mental Examination of Persons

Rule 36 - Requests for Admission

Rule 37 - Failure to Make Discovery: Sanctions

Chapter VI. Trials

Rule 38 - Jury Trial of Right in the Superior Court

Rule 39 - Trial by Jury or by the Court

Rule 40 - Assignment of Cases for Trial; Continuances

Rule 41 - Dismissal of Actions

Rule 42 - Consolidation; Separate Trials

Rule 43 - Taking of Testimony

Rules 44 & 44A   Rule 44 - Proof of Official Record; Rule 44A - Determination of Foreign Law

Rule 45 - Subpoena

Rule 46 - Preserving Objections

Rule 47 - Jurors

Rule 48 - Majority Verdict; Stipulations as to Number

Rule 49 - Special Verdicts and Interrrogatories

Rule 50 - Judgment as a Matter of Law

Rule 51 - Argument of Counsel; Instructions to Jury

Rule 52 - Findings by the Court

Rule 53 - Referees

Chapter VII. Judgment

Rules 54 & 54A    Rule 54 - Judgments; Costs; Rule 54A - Court Fees

Rule 55 - Default

Rule 56 - Summary Judgment

Rule 57 - Declaratory Judgments

Rule 58 - Entry of Judgment

Rule 59 - New Trials: Amendment of Judgments

Rule 60 - Relief from Judgment or Order

Rule 61 - Harmless Error

Rule 62 - Stay of Proceedings to Enforce a Judgment

Rule 63 - Inability of a Judge to Proceed

Chapter VIII. Provisional and Final Remedies and Special Proceedings

Rule 64 - Replevin

Rule 65 - Injunctions

Rule 66 - Contempt Proceedings

Rule 67 - Deposit in Court

Rule 68 - Offer of Judgment

Rule 69 - Execution

Rule 70 - Judgment for Specific Acts

Rule 71 - Process in Behalf of and Against Persons Not Parties

Chapter IX. Appeals to the Law Court [Abrogated]

Rule 72 through Rule 76B & 76I [Are Replaced by Maine Rules of Appellate Procedure]

Chapter IX-A. Removal and Appeal from the District Court to the Superior Court or the Law Court

Rule 76C - Removal to the Superior Court

Rule 76D - Appeal to the Superior Court

Rules 76E & 76F   Rule 76E - Joint or Several Appeals to the Superior Court; Rule 76F - Record on Appeal to the Superior Court

Rule 76G - Briefs and Oral Arguments in the Superior Court

Rule 76H - Electronic Sound Recording

Rule 76I [Replaced by Maine Rules of Appellate Procedure]

Chapter X. Superior and District Courts and Clerks

Rule 77 - Superior and District Courts and Clerks

Rule 78 - [RESERVED]

Rule 79 - Books and Records Kept by the Clerk and Entries Therein - Updated August, 2009

Chapter XI. Special Rules for Certain Actions

Rule 80 - Divorce and Annulment - Abrogated, but still included as of August, 2009

Rule 80A - Real Actions

Rule 80B - Review of Governmental Action

Rule 80C - Review of Final Agency Action

Rule 80D - Forcible Entry and Detainer

Rule 80E - Administrative Inspection Warrants

Rule 80F - Traffic Infractions

Rules 80G & 80H   Rule 80G - Actions for License Revocation or Suspension; Rule 80H - Civil Violations

Rule 80I - Search Warrants for Schedule Z Drugs

Rule 80J - Warrants for Surveys and Tests

Rule 80K - Land Use Violations

Rule 80L - Jury Trial de novo in Small Claims Appeals to the Superior Court

Rule 80M - Medical Malpractice Screening Panels (Adopted February 2009) (updated August, 2009)
               - Exhibits to Rule 80M Committee Report

Chapter XII. General Provisions

Rule 81 - Applicability of Rules

Rule 82 - Jurisdiction and Venue Unaffected

Rule 83 - Definitions

Rule 84 - Forms

Rule 85 - Title

Rule 86 - Effective Date

Rule 87 - Publication of Orders and Standards

Rule 88 - Assignment of Counsel

Rule 89 - Withdrawal of Attorneys; Visiting Lawyers; Temporary Practice with Legal Services Organizations

Rule 90 - Legal Assistance by Law Students

Rule 91 - Proceedings for Waiver of Payment of Fees or Costs

Rule 92 - Court Alternative Dispute Resolution Service

Rule 93 - Foreclosure Diversion Program

Chapter XIII. Family Division

Rule 100 - Scope of the Family Division Rules

Rules 100A-105   Rule 100A - Form of Action; Rule 101 - Commencement of Action; Rule 102 - Confidentiality; Rule 103 - Process; Rule 104 - Preliminary Injunction; Rule 105 - Answer; Response; Counterclaim

Rule 106 - Defenses

Rule 107 - Orders Prior to Judgment

Rule 108 - Child Support Affidavits and Worksheets, Financial Statements, and Real Estate Certificates

Rule 109 - Failure to Appear; Sanctions

Rule 110A - Prehearing Schedule and Procedure for Cases Involving Minor Children

Rule 110B  - Prehearing Schedule and Procedure for Cases Involving NO Minor Children

Rule 111 - Joinder, Consolidation and Intervention

Rule 112 - Discovery

Rule 113 - Time for Final Hearing

Rule 114 - Trial

Rule 115 - No Judgment Without Hearing; Judgments to be Final

Rule 116 - Dismissal of Actions 

Rules 117 - Default

Rule 118 - Final Orders of Family Law Magistrates; Judicial Review

Rule 119 - Referees

Rule 120 - Post-Judgment Relief

Rule 121 - Stay of Proceedings to Enforce a Judgment

Rule 122 - Transfer from Superior Court to District Court

Rule 123 - Appeals to the Law Court

Rule 124 - Removal to Superior Court

Rule 125 - Effective Date

New rules 126 and 127 are availble in 2016 Me. Rules 05.

Chapter XIV. Business and Consumer Docket Procedural Rules

Rule 130 - Purpose, Scope, and Other Rules

Rule 131 - Case filing, Transfer, and Identification

Rule 132 - Case Management

Rule 133 - Discovery

Rule 134 - Motion Practice

Rule 135 - Joint Final Pretrial Statement

Rule 136 - Pretrial Conference

Rule 137 - Trial

Rule 138 - Electronic Communication

Rule 139 - Electronic Filing

Rule 140 - Electronic Service